The Criminal Justice System Of The United States

The speaker argues that the criminal justice system in America treats you better if you're rich and guilty than if you're poor and innocent. Do you agree? Why or why not?

Courts are established social, political, and judicial institutions necessary for the manifestation of justice and the maintenance of law and order. The courts are part of the judicial branch of government, as outlined in Article III of the United States Constitution. Courts are the arenas in which the law is tried and applied. Judges are the presiding officers of the court. The United States Supreme Court is the most fundamental court because has "the authority to decide the constitutionality of federal laws and resolve other disputes over them," (United States Courts, 2012). This is true even though even though the court does not expressly enforce that law; enforcement is the province of the executive branch.

“The court finds you guilty on all accounts. You are sentenced to 35 years in federal prison. Court dismissed.” If only justice in America was the same as a hollywood movie, where, in the end, each and every person put on trial receives a true and just verdict. It would be nice if America’s justice system was designed so that “you couldn’t be the next victim of corruption - innocent and sent to prison, or strapped to a table and put to death; or robbed of your life savings by American lawyers” (Sachs, America’s Corrupt Legal). Welcome to the new America, where all it takes is pockets as deep as the Pacific Ocean to be innocent and poverty to be found guilty, thrown in jail, and not given a second thought. Although America often prides itself on its just ways of governing and dealing with potential criminals, the justice system is often corrupted because of social issues, ethical issues, corrupt officials, and control of the press.

Since the policy was enacted in the early 1990s, three strikes laws have been one of the most controversial issues facing the American criminal justice system. In general, advocates believe that locking up criminals will protect society. Critics believe that three-strike policy can only be effective with offenders that are on their last strikes (Worrall, 2008). However, other critics explain how three-strike laws don’t significantly reduce crime because most criminals mature out of the criminal lifestyle (Worrall, 2004).

Myths are stories telling a part of the world view of a society or give an explanation of a practice, belief, or natural phenomenon. It is a popular viewpoint, embodying the ideals and institutions of a society or segment of society. Although myths are regarded as fictional representations, they often reveal underlying ideals. Myths often tell us more about our social and cultural values than they do about any particular circumstance. While myths seem to explain events, often times they instruct us on integrating an event an individual’s belief system and worldviews. The phrase crime myths does not stray too far from these definitions. These types of myths are

Across the United States, city and county governments seek to gain revenue through the illegitimate jailing of indigent defendants who cannot afford to pay the large and cumbersome fines that accompany committing (seemingly petty) crimes— such as missing court dates, a requirement for classes such as anger management, the list goes on. Indeed, the practice of debtor’s prison has long been ruled unconstitutional by the Supreme Court within the United States, yet a contemporary form of debtor’s prison has begun to take form which targets vulnerable populations. When an individual commits a crime, they are to be justly punished. If this punishment consists of a fine, that fine is expected to be paid accordingly; if the fined individual simply does not have the time or money to pay these steep fines, however, they are sent to jail indefinitely. This rise of financial burden imposed upon the liberty of low income citizens through the fining, issuing of fees, and jail time sanctioned by the criminal justice system has resulted in new, illegitimate, and ostensibly unconstitutional forms of debtor’s prisons that permeate contemporary U.S. society. Jeopardizing the liberty of vulnerable populations, based upon material inequality and extraction of necessary resources, only does one thing within a society: continue the cycle of poverty and increase the poor’s dependence upon the rich for their liberty, equality and most importantly, survival.

In the criminal justice system there is very rarely a single linchpin that can be pointed to and held responsible for the failure to convict a seemingly guilty person. This reigns true for the very public prosecutions of both Casey Anthony and George Zimmerman. In the eyes of a vast majority of the public, fueled by media spectacle and opinion, Anthony and Zimmerman were guilty even before they ever saw the inside of a courtroom. There simply could be no other answer. The public was subsequently outraged when, after what seemed to be trials of certainty, juries acquitted each. The public sought to find someone, or something to blame. The verdict could not be accepted and many turned their focus to condemn the workings of the criminal

The population of offenders in correctional institutions in the United States is at an alarming amount, and it doesn’t have to be. Each year 7 million offenders are absorbed and expelled from correctional institutions and jails, placing a heavy burden on the criminal justice system (Morgan, 2011). Many of these offenders will recidivate, and with rates that are estimated at 70%, means 4.9 million will eventually return to the criminal justice system, creating a vicious cycle of arrest, re-arrest, and imprisonment (Morgan, 2011). Among this population are offenders with mental illnesses that need to be addressed, or specialized care that needs to be administered. Without the support of mental health programs such as mental health court,

The American Criminal Justice system is arguably one of the most fair systems in the world. However, like anything it has its flaws. There are many flaws but the largest three, in my opinion, would be the fact that we have the highest incarceration rate of any other country, the high penalties for drug users, as well as the jury system. The high incarceration rates and the penalties for drug users affect each other but they are still issues on their own. In fact, many of issues within our system coincide within each other.

The United States has the highest incarceration rate in the world. Many failed policies have led us to the issues we have today. Policies such as America’s “get tough on crime” failed us and put us into a bigger hole than we already were in. Our criminal justice system needs to be evaluated and failed policies and procedures must be thrown out. It is a time for a reform for our criminal justice system. However, we must first address these policies and procedures that led us to where we are today. By learning of our mistakes it will hopefully allow us to move forward and have a successful criminal justice system.

The judicial processes that have been adopted by the current criminal justice system of the United States of America include mandatory minimums that diminish the importance of certain factors in a case such as the context of the situation and the power of judges to decide on an appropriate sentence; furthermore, they result in more serious, yet overlooked, implications of racial bias and unfair plea bargaining. Mandatory minimums are strict sentences that a judge must abide by when determining how much prison time the accused is to receive as punishment. Although the majority of offenses to which mandatory minimums apply to are drug offenses, there are a variety of offenses including immigration, firearms, and fraud that are linked to a minimum sentence. The concept of enacting mandatory minimum sentences to particular offenses has such a great influence on court verdicts that in the fiscal year of 2010 alone, “27.2% of cases involved a conviction of an offense carrying a mandatory minimum [and] 53.4%...remained subject to the mandatory minimum penalty at sentencing” (USSC, 121). When the government first instituted mandatory minimums for drug offenses with the Anti-Drug Abuse Act of 1986, it was meant to resolve the problems of drug distribution and abuse, but these sentences bring about more problems than resolutions. As the time approaches to impose a sentence for a case involving a mandatory minimum, the judge has no choice but to assign the accused at least that amount

There are victims who never receive justice because of the expenses of it or they are wrongfully accused of a crime. Some people who commit non-violent crimes and are thrown into jail or prison endure abuse or rape. Non-violent and violent offenders need to be separated for their own safety. There must be a change in the United States Criminal Justice

Officers in a Texas McDonald’s parking lot saw a black man and a white man in the process of exchanging seats on a road trip from Florida to California, while leaving the parking lot; the officer implied that the man driving did not use his right turn signal. The men alleged that their privacy was invaded when the vehicle was searched without a warrant or permission from the driver. When one of the men attempted to video tape the incident on a cell phone he was told to stop. The term “driving while black has been used to describe the practice of law enforcement officers to stop African American drivers without probable cause” (Weatherspoon, 2004). The United States Justice System is based upon a flawed designed through miseducation of students in the school system, maintaining of a slave mentally in the prison system, and the perceptions of African Americans in America.

When discussing the topic of criminal justice in America, there are three components of the criminal justice system that it comprises, these include: the police, the courts, and corrections. These three components operate under two models, due process, and crime control. The model most notably used in America is the due process model, which ensures the individual rights of the accused, to ensure the innocent are not falsely accused, even if it means the guilty go free. There have been noteworthy achievements and advancements in the world of criminal justice, starting with the early days of America, to the more present time in the 20th century.

The criminal justice system has some major elements. These elements are criminal law, police, courts, corrections and social workers. They are set into place to prevent or deter crime by apprehending, trying, punishing, and re-entering offenders back into society.